65D-30.002. Definitions

(1) “Abbreviated Treatment Plan” means a shorter version of a treatment plan that is developed immediately following placement in an addictions receiving facility or detoxification component and is designed to expedite planning of services typically provided to individuals placed in those components.

(2) “Accreditation” means the process by which a provider satisfies specific nationally accepted administrative, clinical, medical, and facility standards applied by an accrediting organization that has been approved by the department.

(3) “Aftercare” means structured services provided to individuals who have completed an episode of treatment in a component and who are in need of continued observation and support to maintain recovery.

(4) “Ancillary Services” as defined in Section 397.311, F.S.

(5) “Assessment” means a process used to determine the type and severity of an individual’s substance use problem and includes a psychosocial assessment and, depending upon the component, a physical health assessment.

(6) “Authorized Agent of the Department” as defined in Section 397.311, F.S.

(7) “Best Practice” means the combination of specific treatments, related services, organizational and administrative principles, core competencies, or social values designed to most effectively benefit the individuals served. Best Practices also include evidence-based practice, which is subject to scientific evaluation for effectiveness and efficacy. Best Practice standards may be established by entities such as the Substance Abuse and Mental Health Services Administration, national trade associations, accrediting organizations recognized by the Department, or comparable authorities in substance use treatment.

(8) “Business Day” means a day in which the Department’s Office of Substance Abuse and Mental Health is operating for business Monday through Friday between 8:00 a.m. and 5:00 p.m. (Eastern Standard Time).

(9) “Case Management” means services provided to or on behalf of an individual in order to assess his or her needs, plan or arrange services, coordinate service providers, link the service system to an individual, monitor service delivery, and evaluate the effect of the services received.

(10) “Certification” means a designation earned by an individual or organization demonstrating core competency in a practice area related to substance use prevention, treatment, or recovery support, awarded by a Department-recognized credentialing entity.

(11) “Change or Transfer in Ownership” means, in addition to Section 397.407(6), F.S.;

(a) An event in which the licensee sells or otherwise transfers its ownership to a different individual or entity as evidenced by a change in federal employer identification number or taxpayer identification number; or

(b) An event in which greater than 50 percent or more of the ownership, shares, membership, or controlling interest of a licensee is in any manner transferred or otherwise assigned. This paragraph does not apply to a licensee that is publicly traded on a recognized stock exchange.

(c) A change solely in the management company or board of directors is not a change of ownership.

(12) “Clinical Record” means all parts of the record required to be maintained that are provided to an individual and includes all clinical records, assessments, financial and legal agreements and consents, progress notes, charts, admission and discharge data, clinical services, clinical summaries, individual therapy notes, group therapy notes, family therapy notes, and other information recorded by the facility staff, which pertains to the individual’s treatment.

(13) “Clinical Services,” for the purposes of this rule chapter, means services such as screening, assessment, level of care determination, treatment planning, and counseling.

(14) “Clinical Staff” means employees, independent contractors, and volunteers of a provider who are responsible for providing clinical services to individuals.

(15) “Clinical Summary,” as used in the context of these rules, means a written statement summarizing the results of the psychosocial assessment relative to the perceived condition of the individual and a further statement of possible service needs based on the individual’s condition.

(16) “Clinical Supervisor” as defined in Section 397.311, F.S.

(17) “Competency and Ability of Applicant” means a determination that an applicant for a license under Chapter 397, F.S., is able or unable to demonstrate, through a background check on education and employment history, the capability of providing substance abuse services in accordance with applicable laws and regulations.

(18) “Component” or “Service Component” as defined in Section 397.311, F.S. Each service component, except for Aftercare, is defined in Section 397.311(26), F.S. Aftercare is defined above.

(19) “Co-occurring Disorder” means a diagnosis of a substance use disorder and a concurrent diagnosis of a mental health disorder.

(20) “Counseling” means the process, conducted in a facility licensed under Chapter 397, F.S., of engaging an individual and his/her support system (i.e., family, significant other, etc.), as indicated, in a discussion of issues associated with the individual’s substance use and other co-occurring conditions in an effort to work toward a constructive resolution of those problems and ultimately toward recovery. For the purposes of this rule chapter, therapy is considered a type of counseling.

(21) “Counselor” means a member of the clinical staff, working in a facility licensed under Chapter 397, F.S., whose duties primarily consist of conducting and documenting services such as counseling, psycho-educational groups, psychosocial assessment, and treatment planning.

(22) “Court Ordered” means the result of an order issued by a court requiring an individual’s participation in a licensed component of a provider under the following authority:

(a) Civil involuntary as provided under Sections 397.6811 and 397.693, F.S.;

(b) Treatment of individuals with substance use disorders in licensed secure facilities as provided under Section 397.702, F.S.; and

(c) Offender referrals as provided under Section 397.705, F.S.

(23) “Credentialing entity” as defined in Section 397.311, F.S.

(24) “Crisis Intervention” means emergency psychological care aimed at assisting individuals in a crisis situation to restore equilibrium to their biopsychosocial functioning and to minimize the potential for psychological trauma. This includes the methods used to offer immediate, short-term help to individuals who experience an event that produces emotional, mental, physical, and behavioral distress or problems.

(25) “Detoxification Protocol” means a detailed plan of the medical protocol for the detoxification treatment or procedure. This includes the type of medication, dosage, administration, and components of treatment other than medication.

(26) “Diagnostic Criteria” means prevailing standards which are used to determine an individual’s mental and physical condition relative to their need for substance use services, such as those which are described in the current Diagnostic and Statistical Manual of Mental Disorders.

(27) “Diagnostic Services” means services that are provided to individuals who have been assessed as having special needs and that will assist in their recovery such as educational tests, psychometric tests and evaluation, psychological and psychiatric evaluation and testing, and specific medical tests.

(28) “Direct Care Staff” means employees, independent contractors, and volunteers of a provider who provide direct services to individuals.

(29) “Direct Services” means services that are provided by employees or volunteers who have contact or who interact with individuals receiving services.

(30) “Discharge Summary” means a written narrative of the individual’s treatment record describing the individual’s accomplishments and challenges during treatment, reasons for discharge, and recommendations for further services.

(31) “Financial Ability” means a provider’s ability to secure and maintain the necessary financial resources to provide services to individuals in compliance with required standards.

(32) “Indicated Prevention Services” has the same meaning as provided for the same term in subsection 65E-14.021(4), F.A.C.

(33) “Inmate Substance Abuse Programs,” include substance abuse services provided within facilities housing only inmates and operated by or under contract with the Department of Corrections.

(34) “Initial Treatment Plan” means a preliminary, written plan of goals and objectives intended to inform the individual of service expectations and to prepare the individual for service provision.

(35) “Intervention Plan” means a written plan of goals and objectives to be achieved by an individual who is involved in intervention services.

(36) “Licensed Bed Capacity” means the total bed capacity of addictions receiving facilities, residential detoxification facilities, and residential facilities.

(37) “Licensing Fee” means revenue collected by the department from a provider required to be licensed under Section 397.407, F.S.

(38) “Medical Consultant” means a physician licensed under Chapter 458 or 459, F.S., or an advanced practice registered nurse licensed under Chapter 464, F.S., or a physician assistant, who has an agreement with a licensed provider to be available to consult on any medical services required by individuals involved in those licensed components.

(39) “Medical Director” means a physician licensed under Chapter 458 or 459, F.S., who has been designated to oversee all medical services of a provider and has been given the authority and responsibility for medical care delivered by a provider.

(40) “Medical History” means information on the individual’s past and present general physical health, including the effect of substance use on the individual’s health.

(41) “Medical Maintenance” means special clinical protocols that permit extending the amount of consecutive take-home methadone provided to individuals who are involved in medication-assisted treatment for opioid addiction and who qualify through a special exemption from the Department for participation under these protocols. Medical maintenance may be either partial (13 consecutive take-home doses) or full (27 consecutive take-home doses).

(42) “Medication Observation Record” or “MOR” means the chart maintained for each individual which records medication that is self-administered by an individual.

(43) “Methadone Medication-Assisted Treatment Sponsor” means a representative of a methadone medication-assisted treatment provider who is responsible for its operation and who assumes responsibility for all its employees and volunteers, including all practitioners, agents, or other persons providing services at the provider.

(44) “Mobile Medication Assisted Treatment Unit” means a vehicle lawfully used at a location other than the providers site  which behavioral health services are provided.

(45) “Nursing Physical Screen” means a procedure for taking an individual’s medical history and vital signs and recording any general impressions of an individual’s current physical condition, general body functions, and current medical problems.

(46) “Nursing Support Staff” means persons who assist Registered Nurses and Licensed Practical Nurses in carrying out their duties, but who are not licensed nurses.

(47) “Operating Procedures” means written policies and procedures governing the organization and operation of a provider that include methods of implementation and accountability.

(48) “Organizational Capability” means a provider’s ability to implement written operating procedures in conformance with required standards.

(49) “Overlay” means a component operated within facilities not owned or operated by a provider.

(50) “Owner” means the owner of record of a licensed facility that has an enforceable claim or title to an asset or property and is recognized as such by law.

(51) “Peer Specialist” as defined in Section 397.311, F.S.

(52) “Physical Examination” means a medical evaluation of the individual’s current physical condition.

(53) “Physical Health Assessment” means a series of services that are provided to evaluate an individual’s medical history and present physical condition and include a medical history, a nursing physical screen, a physical examination, laboratory tests, tests for contagious diseases, and other related diagnostic tests.

(54) “Placement” means the process used to determine individual admission to, continued stay in, and transfer or discharge from a component in accordance with specific criteria.

(55) “Prevention Plan” means a plan of goals to be achieved by an individual or family involved in structured indicated prevention activities on a regularly scheduled basis.

(56) “Primary Counselor” means the provider’s staff who has primary responsibility for delivering and coordinating clinical services for specific individuals in treatment.

(57) “Private Practice,” as used in these rules, means a sole proprietorship, an individual or individuals using shared office space, or other business entity, required to be licensed under Chapter 397, F.S.

(58) “Privately Funded Provider” means a provider which relies solely on private funding sources.

(59) “Program Office” means the specific office of the Department identified as the single state authority for substance abuse.

(60) “Progress Notes” means written entries made in the clinical record that specify the intervention provided, and document progress or lack thereof toward meeting treatment plan objectives, and which generally address the provision of services, the individual’s response to those services, and significant events.

(61) “Protective Factors” means those conditions that inhibit, reduce, or protect against the probability of the occurrence of drug use or abuse.

(62) “Provider” or “Service Provider” as defined in Section 397.311, F.S.

(63) “Psychosocial Assessment” means a series of evaluative measures designed to identify the behavioral and social factors involved in substance abuse and its symptoms, and is used in the determination of placement and the development of the treatment plan.

(64) “Publicly Funded Provider” means a provider that receives funds directly from the department, Medicaid, or another public agency or is a state agency or local government agency.

(65) “Qualified Designee” or “Qualified Medical Designee” means a licensed medical health professional practicing within the scope of their training, education, and competence and identified by the Medical Director and in the provider’s written medical protocols for the delegation of certain medical services, in accordance with Rule 65D-30.004, F.A.C.

(66) “Qualified Professional” as defined in Section 397.311, F.S.

(67) “Quality Assurance” means a formal method of evaluating the quality of care rendered by a provider and is used to promote and maintain an efficient and effective service delivery system. Quality assurance includes the use of a quality improvement process to prevent problems from occurring so that corrective efforts are not required.

(68) “Recovery Residence” as defined in Section 397.311, F.S.

(69) “Regional Substance Abuse and Mental Health Office” or “Regional Office” means a local Substance Abuse and Mental Health Program office of the Department.

(70) “Resident” means an individual receiving treatment for a substance use disorder or co-occurring substance use and mental health disorders within a structured, non-hospital, live-in environment.

(71) “Restraint” as defined in Section 394.455(42), F.S.

(72) “Risk Factors” means those conditions affecting a group, individual, or defined geographic area that increase the likelihood of a substance use or substance abuse problem.

(73) “Seclusion” as defined in Section 394.455(43), F.S.

(74) “Selective Prevention Services” has the same meaning as provided for the same term in subsection 65E-14.021(4), F.A.C.

(75) “Services” means assistance that is provided to individuals and their support system (i.e., family, significant other, etc.), as indicated, in their efforts to reduce or eliminate substance use free, such as counseling, treatment planning, vocational activities, educational training, and recreational activities.

(76) “Site” means a physical location with multiple buildings, units, or structures on the same property where licensed service components are provided.

(77) “Stabilization” as defined in Section 397.311, F.S.

(78) “Substantial Noncompliance” means an applicant or licensee that has not met all requirements as outlined in statute or Chapter 65D-30, and has not corrected all cited violations.

(79) “Summary Note” means a written record of the progress made by individuals involved in intervention services and indicated prevention services.

(80) “Supportive Counseling” means a form of counseling that is primarily intended to provide information and motivation to individuals.

(81) “Telehealth” as defined in Section 456.47(1)(a), F.S.

(82) “Transfer Summary” means a written justification of the circumstances of the transfer of an individual from one (1) component to another or from one (1) provider to another.

(83) “Treatment” or “Clinical Treatment” as defined in Section 397.311, F.S.

(84) “Treatment Plan” as defined in Section 397.311, F.S.

(85) “Universal Direct Prevention Services” has the same meaning as provided for the same term in subsection 65E-14.021(4), F.A.C.

(86) “Verbal De-escalation” means approved non-physical techniques and procedures used to manage a potentially aggressive situation and prevent it from escalating into physical aggression.

(87) “Written Communication” or “In Writing” means a form of either electronic or postal communication.

Rulemaking Authority 397.321(5) FS. Law Implemented 397.311, 397.321(1), 397.410 FS. History–New 5-25-00, Amended 4-3-03, 12-12-05, 8-29-19, 6-19-23, 10-20-24.